Narcotics Drugs and Psychotropic Substances (Amendment) Act, 2001 - Substitution of new section for section 54

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 25.  Substitution of new section for section 54.

         For section 54 of the principal Act, the following section shall be substituted, namely –

            54. Presumption from possession of illicit articles.-In trials under this Act, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under this Act in respect of –

                        (a)  any narcotic drug or psychotropic substance or controlled substance;

                        (b)  any opium poppy, cannabis plant or coca plant growing on any land which he has cultivated;

                        (c)  any apparatus specially designed or any group of utensils specially adopted for the manufacture of any narcotic drug or psychotropic substance or controlled substance; or

                        (d)  any materials which have undergone any process towards the anufacture of a narcotic drug or psychotropic substance or controlled substance, or any residue  left of the  materials  from  which  any narcotic drug or psychotropic substance or controlled substance has been manufactured for the possession of which he fails to account satisfactorily. 
 
26. Amendment of section 60.

            In section 60 of the principal Act –

            (a)  for sub-section (1), the following sub-section shall be substituted, namely –

                        (1)  Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy,  coca plant, cannabis plant, materials, apparatus  and utensils in respect of which or by means of which  such offence has been committed, shall be liable to confiscation

             (b) in sub-sections (2) and (3), after the words "psychotropic substance", wherever they occur, the words "or controlled substances" shall be inserted.

27.  Amendment of section 61.

            In section 61 of the principal Act, for the words "narcotic drug or psychotropic substance", the words "narcotic drug, psychotropic substance or controlled substance" shall be substituted.

28.  Amendment of section 62.

            In section 62 of the principal Act, for the words "narcotic drug or psychotropic substance", the words "narcotic drug, psychotropic substance or controlled substance" shall be substituted.

29. Amendment of section 63.

            In section 63 of the principal Act –

            (a)  in sub-section (2), in the second  proviso,  after  the  words "psychotropic  substance", the words "controlled substance" shall be inserted;

            (b)  sub-section (3) shall be omitted.

 30. Substitution of new section for section 64A.

            For section 64A of the principal Act, the following section shall be substituted, namely –

                 64A. Immunity from prosecution to addicts volunteering for treatment.-Any addict, who is charged with an offence punishable under section 27 or with offences involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to undergo  medical treatment for de-addiction  from  a  hospital  or an institution maintained  or  recognised by the Government or a local authority  and undergoes  such  treatment  shall not be liable to  prosecution  under section  27  or under any other section for offences involving small quantity of narcotic drugs or psychotropic substances:

             Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction.
 
 

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